Depending on the circumstances, if your child slips and falls at a New York City school, you may have grounds for a legal claim. Schools must keep their premises safe. If staff fail to fulfill their duties, and your child gets hurt, a New York slip and fall accident attorney could help you seek compensation.
What Are Some Causes of Slip and Fall Accidents at School?
Students can suffer serious injuries if schools fail to repair property hazards and properly supervise students. If your child falls on school property, the circumstances surrounding the fall will matter as you seek compensation.
An experienced slip and fall accident lawyer can investigate the accident and determine whether you have an injury claim. Here are some common causes of slip and fall accidents at school that could be grounds for legal action:
- Wet floors — Custodians often clean school floors during the day. If the custodians fail to put up warning signs or block off wet areas, students can unknowingly walk across slick floors and slip.
- Broken stairs or handrails — Students use stairs and railings to move between floors. If a step is cracked or has uneven pavement, or a handrail is loose, the risk of preventable falls increases.
- Playground hazards — Kids run, jump, and play outside during recess. If the playground has broken playground equipment, holes, uneven surfaces, or loose gravel, children can lose their balance and get hurt.
- Ice or snow on sidewalks — Schools must clear ice and snow from walkways during winter. If they don’t salt or shovel paths, students can slip and suffer fall injuries in or out of buildings.
- Cluttered hallways or classrooms — Books, electrical cords, and boxes left on the floor can cause trips. If teachers or staff fail to keep walkways clear or store items improperly, students may trip and fall.
- Uneven or cracked flooring — Tiles, carpets, and concrete wear down. If a floor buckles or cracks, students’ shoes can get caught and cause a fall.
What Injuries Can Be Caused by a Slip and Fall Accident in a New York School?
Every fall is different. How a child lands or what they hit when falling can determine the severity of the child’s injuries. Common injuries that happen when children suffer slips and falls at school include:
- Soft tissue injuries
- Sprained ankles or wrists
- Knee injuries
- Broken bones
- Cuts or scrapes
- Neck injuries
- Concussions
- Traumatic brain injuries
- Spinal cord injuries
- Dislocations and other joint injuries.
An experienced premises liability attorney will examine the accident scene to determine whether the property owner’s negligence caused the accident.
Can a New York School Be Sued For a Slip and Fall Accident?
Yes, under certain circumstances, you can sue a New York City school if your child gets hurt in a slip-and-fall accident on campus. Schools are responsible for maintaining their buildings and grounds. They must keep floors dry, fix broken stairs, maintain playground equipment, and clean up spills. If your child’s school knew or should have known about a dangerous condition and didn’t fix it or provide adequate warning, the school could be responsible for your child’s injuries. You may have a slip-and-fall accident claim.
You can also sue the school if its staff failed to watch your child correctly, leading to the child’s injury. For example, the school might be liable if your child slipped and fell on the playground or in a hallway while no one was watching.
An experienced NYC slip and fall attorney will need to gather substantial evidence to develop your slip and fall claim. You can help your claim by taking steps such as:
- Getting photos of where the fall happened
- Obtaining copies of your child’s medical records.
- Requesting an incident report from the school system
- Talking with witnesses who saw the incident or knew of the hazard.
The stronger your evidence, the better your chance of holding the school responsible.
How Could the Claim Be Affected If the School Is Public or Private?
The process of filing a slip-and-fall accident lawsuit will depend on whether the school is public or private. The difference affects whom you can sue, how you must file your slip and fall injury claim, and how much time you have to act.
Suing a public school involves a more complicated legal process. If the school is an NYC public school, you must file a Notice of Claim with the NYC Department of Education within 90 days of the accident and injury date. You must then file the lawsuit within one year and 90 days after the injury.
If the school is private, you won’t need to go through as many procedural steps before filing a slip-and-fall accident lawsuit. You must prove that the school’s negligence contributed to your child’s injury.
No matter what type of school your child attends, you must show in your claim that the school didn’t act responsibly and that your child got hurt as a result. An experienced personal injury lawyer can help you figure out the next steps.
What Should You Do If Your Child Slips and Falls at School in New York?
If your child slips and falls at school, you might feel stressed or unsure what to do next. Prompt action on your part can protect your child’s health and your legal rights. Here are some steps you can take if your child gets hurt in a school slip-and-fall accident:
- Take your child for medical treatment immediately, even if their injury seems minor.
- Ask the school to show you a written report of the incident. Request a copy for your records.
- Write down everything your child tells you about what happened and where.
- Take photos of your child’s injury and where the accident occurred, if possible.
- Talk to any witnesses who saw the fall. Write down their names and contact information. Your attorney may need to contact them to take witness statements.
- Keep track of all related medical visits, medical bills, and any time you missed from work.
- Store all relevant papers, photos, and records in one place so you can refer to them later.
- Contact an experienced attorney who handles NYC school injury cases to discuss your next steps.
What Damages Are Available if My Child Slips and Falls At a New York School?
If your child gets hurt in a slip and fall at school, you could be entitled to seek compensation for the harm the injury caused you to suffer. The law allows you to file a premises liability claim seeking compensation for your child’s injuries and losses, which may include some or all of the following:
- Medical costs — In a personal injury lawsuit, you may demand money to cover hospital visits, doctor’s appointments, medications, physical therapy, and any other care your child needs to recover from the fall.
- Cost of future medical care — If your child is likely to require ongoing medical care, you can also request compensation for those future costs.
- Lost income for parents — If you miss work to take your child to the doctor or stay home with them during recovery, you can ask for money to replace your lost wages.
- Out-of-pocket costs — You can also get compensation for the funds you spend on things like crutches, braces, transportation to appointments, or childcare for your other kids.
- Pain and suffering — You can demand compensation for pain and suffering, which includes the physical pain your child felt and the emotional distress they went through because of the injury.
Is There a Time Limit for Filing a New York School Slip and Fall Accident Claim?
Yes, New York law sets strict deadlines for filing a slip and fall accident lawsuit if your child gets hurt at school. If the school is public, you must first file a notice of claim within 90 days from the date of the injury. If you miss this 90-day deadline, the court will not let your case proceed.
After you file your notice of claim, you must wait at least 30 days before you proceed with any legal action. Once the 30 days have passed, you have one year and 90 days from the injury date to file a lawsuit. If the school is private, the rules are different. You do not need to file a notice of claim. Usually, you will have up to three years to file a slip and fall accident lawsuit.
No matter what kind of school your child attends, it’s best to act quickly. You should talk to a slip and fall accident lawyer about seeking a fair settlement as soon as possible.
Contact a New York Slip and Fall Accident Lawyer
If your child got hurt in a slip and fall accident at a New York City school, you should talk to an experienced slip and fall accident attorney as soon as possible. At David Resnick & Associates, P.C., we can explain your legal options and help you seek fair compensation for medical expenses and other losses. Our law firm has recovered over $180 million in verdicts and settlements for clients throughout New York City and Long Island, including school slip-and-fall cases. We’re on your side, fighting for you. Contact us today for a free consultation.
